Political Party ~ Two Party System Failed?
Government Based on the Original United States Constitution
~ Proposed and Submitted by Johnnie Johnson
July 11, 2011
RETURN THE COLLECTING OF NATIONAL TAXES TO THE METHOD THE FOUNDERS ORIGINALLY ESTABLISHED.
The year 1913 was a horrible year for America.
This was the year that the number of Representatives in the House was frozen.
This also was the year that our Congressional Senators began having the general public, state wide, elect and try to oversee them.
And this was the year that the Federal Government was empowered to tax directly, private companies and citizens.
The Founders of this Nation would never have tolerated the Federal Government, intruding on an individual company, and especially upon an individual citizen, with all the power of the national government behind them, to assess and collect a National Tax, while side stepping the original “apportionment among the several States”.
Nothing more needs to be said. Let us cage up the beast that our parents created, by just restoring the original National taxing process, and without an amendment to the Constitution.
ORIGINAL TAXING PROCESS: Article. I. Sec.2.Par. 3 states “…direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, …” The Founders designed that the States would be assessed a tax, that the National government determined it needed, equally spreading that tax among the several states according to population. Each state then would determine, individually, how it would raise and pay the tax due.
TAXING AMENDMENT: Amendment XVI ratified on February 3, 1913 reads, “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” Clearly undermining the founder’s protection of private property rights from direct, one on one, federal taxation and confiscation.
PARAGRAPH ON TAXING ENLARGED, BUT NOT REPEALED. When the Constitution was written, instead of writing Article. I. Sec.2.Par. 3 twice, because the manner was the same for obtaining Representatives and assessing “direct Taxes”, the founders just grouped them together, “Representatives and direct Taxes shall be apportioned” and then describes the manner for being apportioned. When Article I.Sec.2.Par.3 was amended by XIV, it changed directives only on how to determine the number of Representatives in this Par., and did not touch how taxes were to be apportioned. In fact this is the manner that National taxes continued to be assessed and collected for another 47 years, after Amendment XIV was passed on the 9th of July 1868, and until Congress decided to try the experiment of Amendment XVI passed 3rd of February 1913.
AMENDMENT XVI PROVIDED ANOTHER WAY TO TAX, BUT DID NOT DEMAND CONGRESS TO USE IT. Had Amendment XVI been passed with a directive, stating “The Congress shall lay and collect taxes on incomes, ” etc., then we would have to change the Amendment. As ratified though, this amendment merely enlarges the powers of Congress, (shall have power to) there is no directive that National taxes must (or shall) be assessed and collected according to Amendment XVI.
With this additional manner for laying and collecting taxes provided for in Amendment XVI, Congress still has today, this original power to lay and collect direct taxes, which the Founders first put in the Constitution, Article. I. Sec. 2. Par.3 “…direct Taxes shall be apportioned among the several States…” according to their population. To return to the original design of the founders, all Congress needs to do is, direct the Internal Revenue Service to cease and desist their current practices under Amendment XVI in collecting taxes, and return solely to obtaining taxes, as outlined in Article. I. Sec. 2. Par.3 “…direct Taxes shall be apportioned among the several States…”. This will eliminate the Federal government from pitting itself against individual Americans for taxes, and allow the individual states to gather the Federally assessed tax through some sort of general taxation or other state avenue as the people through their state legislature determine, to pay their National tax burden. Having the state between citizens and the Federal Government’s power to tax, is a huge protection to private property rights and allows citizens more power to watch over and protect themselves from abuse in this process, working with a smaller and closer government.
LET US NOT ONLY PROTECT OUR PROPERTY RIGHTS, BUT CONTINUE ON STEP BY STEP TO RETURN TO GOVERNMENT BASED ON OUR ORIGINAL CONSTITUTION, AND TAKE THE FEAR OF GOVERNMENT OUT OF THE HEARTS OF THE PEOPLE, AND PUT THE FEAR OF THE PEOPLE INTO GOVERNMENT, WHERE IT BELONGS.
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